MCQs in ADMINISTRATIVE LAW

By Dean Hilario Justino F. Morales, Powerhaus Review Center

01. Which of the following is not an agency of the government? A) Department of Public Highways B) Land Transportation Office C) Philippine Ports Authority D) Land Bank of the Philippines The power of an officer to alter, modify, nullify or set aside what a subordinate had done in the performance of his duties and to substitute his judgment with that of the latter. A) power for control B) power of supervision C) power of investigation D) power of subordinate legislation E) quasi-judicial power The power to see that his subordinates perform their duties (see no. 02) The power to gather, organize and analyze evidence in order to make findings of fact. (see no. 02) The power of administrative agencies to promulgate rules and regulations, with force and effect of a law, on matters of their own specialization. (see no. 02) The power of administrative authorities to make determination of facts in the performance of their official duties and to apply the law as they construe it to the facts so found. (see no. 02) The quantum of evidence required in administrative proceedings. A) mere preponderance of evidence B) substantial evidence C) proof beyond reasonable doubt D) any of them Before a party can in a detainer suit can invoke the jurisdiction of the courts of justice, he must first comply with Section 412 of the Local Government Code on the need for prior barangay conciliation proceedings. This is known as the doctrine of A) Exhaustion of Administrative Remedies B) Preliminary Jurisdiction C) Finality of Administrative Action D) Finality of Judgment When Courts cannot arrogate itself the authority to resolve a controversy the jurisdiction of which is initially lodged with an administrative body of special competence. This is known as the principle of (see no. 08) 10. Before resort to courts are allowed, administrative action has to be completed so that nothing is left to be done in the administrative structure. This is the doctrine of (see no. 08 ) The effect of the plaintiffs failure to avail of administrative remedies when so required by law is that A) the case is vulnerable to dismissal B) the judicial proceedings shall be suspended C) the plaintiff shall be declared in default D) the plaintiff may be cited in contempt The effect of the plaintiffs failure to avail of preliminary resort (see no. 11) An action of claims for damages does not require exhaustion of administrative remedies because A) the case involves the doctrine of qualified political agency B) the issue raised involves a purely legal question C) there is a violation of due process D) public policy is involved. Due process in the exercise of an administrative agencys quasi- legislative power requires A) publication of the promulgated rules and regulations B) compliance with the requirement of notice and hearing C) right to formal investigation D) right to assistance of counsel.

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15. Due process in the exercise of an administrative bodys quasi-judicial power requires A) publication of the promulgated rules and regulations B) compliance with the requirements of notice and hearing C) full and actual adversarial proceedings D) all of the above. 16. A trial-type proceeding in administrative cases becomes mandatory if A) the case involves adjudicative facts at issue B) the testimony of a witness is vague and requires clarificatory questions C) the rules of procedure so provides D) all of the above.

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17. The Acting DOLE Secretary ordered BTC Inc. to include the commission paid its sales representatives in the computation of the 13th month pay due them in accordance with the published Revised Guidelines on the Implementation of the 13th Month Pay Law.

BTC Inc. questioned the validity of the order contending that the concept of basic salary as defined in PD 851 is the rate of pay for the standard work period exclusive of additional payments as bonuses and overtime. Is the DOLE Guidelines valid? A) it is not because it amended the law. B) it is because it is duly published. C) it is because it is reasonable and within the purview of the law. D) it is not because there was no notice served and hearing conducted by the DOLE. 18. Exercises judicial review over the final decisions of the COMELEC, COA, and Ombudsman in criminal cases A) Supreme Court B) Court of Appeals C) Court of Tax Appeals D) Regional Trial Court Exercises judicial review over the final decisions of the NLRC, Office of the President, Securities and Exchange Commission and Ombudsman in administrative cases (see no. 18) Exercises judicial review over the decisions of the BIR, Bureau of Customs, CBAA (see no. 18) Exercises appellate jurisdiction over the decisions of the NAPOLCOM on police disciplinary matters A) DILG Secretary B) Civil Service Commission C) Office of the President D) Court of Appeals Exercises original and exclusive jurisdiction to hear and decide cases involving intracorporate controversies A) Securities and Exchange Commission B) Court of Appeals C) Regional Trial Court D) DTI Secretary Exercises primary jurisdiction over such petitions for corrections of clerical errors and change of first names or nicknames A) Local Civil Registrar B) National Civil Registrar C) National Statistics Office D) Regional Trial Court Exercises original jurisdiction on the seizure and forfeiture proceedings of dutiable goods A) Collector of Customs B) Commissioner of Customs C) Court of Tax Appeals D) Finance Secretary Exercises appellate jurisdiction over the decisions of labor arbiters A) Regional Trial Court B) National Labor Relations Commission C) Labor Secretary D) Court of Appeals

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A legal standing which seeks to restrain the government from improvidently spending public funds A) Concerned Citizens Standing B) Legislators Standing C) Taxpayers Suit D) Association Suit A legal standing which is justified by the fact that the prerogative of Congress is infringed upon by the President (see no. 26) A legal standing which raises issues of transcendental importance (see no. 26) An administrative agencys determinative power of permitting the doing of an act which the law undertakes to regulate and which would be unlawful without government approval A) Directing B) Summary C) Examining D) Enabling The principle of res judicata applies to administrative cases A) if proceedings are non-litigious B) if it involves the exercise of purely administrative functions C) if proceedings are quasi-judicial in character D) if proceedings are summary in nature

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_31. The Supreme Court declared unconstitutional the creation of the Truth Commission by President Aquino primarily because the creation violated A) the due process clause B) the equal protection clause C) non-delegation of power principle D) all of them _32. The Truth Commission was created by virtue of A) constitutional provisions B) legislative enactment C) authority of law D) only A & B _33. Congress created XYZ, an administrative agency and conferred the same with judicial power and power of judicial review. Is the creation of XYZ valid? A) Yes, because XYZ is created by law B) Yes, because Congress is authorized to confer jurisdiction on administrative bodies C) No, because the creation of XYZ violated separation of powers D) No, because the creation violated nondelegation of powers E) both C & D _34. Quasi-legislative powers of administrative agencies does not embrace A) rule-making B) power to amend or repeal administrative rules C) discretion to determine what the law shall be

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D) authority to fix details in the enforcement of a legislative policy. _35. Which of the following is a legislative regulation? A) OMB-DOJ joint circular outlining the authority and responsibility among prosecutors in the conduct of preliminary investigation B) Memorandum Order providing for automatic review of the decision of the Collector of Customs if adverse to the Government C) Revenue memorandum Circular interpreting the Tobacco Inspection Law D) Dept Circular regulating a public corporation under the control of the Department of National Defense E) none of them _37. Which of the above cited issuances needs publication? (see no. 37)

remedies because it involves A) the doctrine of qualified political agency B) a purely legal question C) violation of due process D) public policy _44. BASAGULERO, a sophomore student of the XYZ College, is undergoing administrative investigation for allegedly breaking and destroying the computer units of the Registrars Office. Which of the following rights is not available to BASAGULERO? A) notice and hearing B) assistance of counsel C) cross examination D) against self-incrimination E) none of them F) only A&B

Suggested Answers: 1.D 2.A 3.B 4.C 5.D 6.E 7.B 8.A 9.B 10.C 11.A 12.B 13.B 14.A 15.B 16.D 17.A 18.A 19.B 20.C 21.A 22.C 23.A 24.A 25.B 26.C 27.B 28.A 29.D 30.C

_38. Which of the following is not a quasi-judicial power? A) primarily to decide questions of legal rights between parties B) determination of what the law is C) determination of the legal rights of contending parties incidental only to regulation D) determination of facts obtaining the adjudication of rights _39. Which of the following agencies is not conferred with adjudicatory powers? A) Commission on Human Rights B) Cooperative Development Authority C) Central Board of Assessment Appeals D) all of them E) none of them _40. Which of the following agencies cannot grant immunities from criminal and civil prosecutions? A) Presidential Commission on Good Government B) COMELEC C) Commission on Human Rights D) Cooperative Dev,t Authority E) none of them _41. Which of the following agencies can cite for contempt? A) COMELEC B) Commission on Human Rights C) Cooperative Development Authority D) none of them E) all of them _42. Can the Commissioner on Immigration and Deportation issue an order of arrest of an alien? A) Yes, to carry out a final order of deportation B) Yes, in order for the alien to appear and show cause why he should not be deported C) No, only a judge can issue a warrant D) No, the issuance of the warrant does not apply to administrative agencies An action of claims for damages does not require exhaustion of administrative

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